CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The New Zealand CAA has issued AD DCA/750XL/2 affecting Pacific Aerospace Corporation 750XL aircraft. New Zealand is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/750XL/2, which will become effective on 7 July 2005.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing gaps in existing aviation safety and operational standards. It empowers the Governor-General to issue regulations, such as airworthiness directives, in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing these directives, which are critical for maintaining the continuing airworthiness of aircraft. In alignment with international obligations under Annex 8 to the Convention on International Civil Aviation, the Act mandates that the State of Design, such as New Zealand in the case of the Pacific Aerospace Corporation 750XL aircraft, must provide necessary information to ensure airworthiness. CASA, acting as Australia's national airworthiness authority, assesses and, if necessary, issues corresponding Australian airworthiness directives to comply with these international obligations. This process does not require public consultation due to its alignment with international commitments, and it has been determined that such directives do not necessitate a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations allow CASA to mandate specific requirements for types of aircraft or aeronautical products registered in Australia. Under this legislative framework, ADs serve as legislative instruments, necessary for maintaining the continuing airworthiness of aircraft as mandated by international standards set forth in the Convention on International Civil Aviation, specifically Annex 8. The State of Design retains the overarching responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, is tasked with ensuring the ongoing compliance of individual aircraft with safety regulations. This international compliance necessitates the issuance of ADs when the State of Design identifies safety concerns, which CASA then assesses and, if necessary, translates into Australian regulations. For instance, following the issuance of an AD by New Zealand for Pacific Aerospace Corporation 750XL aircraft, CASA has issued its own directive, AD/750XL/2, effective from 7 July 2005. The issuance of these directives adheres to the conventions and obligations under international law without requiring public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations, including the Civil Aviation Safety Regulations 1998, which govern the issuance of airworthiness directives (ADs) as per regulation 39.001. Section 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, making it a legislative instrument as per the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, as stipulated in Annex 8 of the Convention on International Civil Aviation. This places the State of Design in the position of overall responsibility for an aircraft type’s continuing airworthiness, while the State of Registry must ensure the airworthiness of individual aircraft. Consequently, CASA must evaluate and, if necessary, issue an Australian AD to reflect the requirements set forth by the State of Design.
The obligations under the Civil Aviation Act 1988 and its associated regulations are multifaceted. The State of Design is tasked with providing essential information to maintain the airworthiness of an aircraft type. The State of Registry, typically CASA in Australia’s context, must then implement or adopt necessary requirements to ensure that individual aircraft meet airworthiness standards. This involves a thorough assessment of any ADs issued by the State of Design, followed by the issuance of a corresponding Australian AD if deemed appropriate. This process ensures that the Australian aircraft fleet adheres to internationally recognised safety standards, maintaining high safety and operational integrity across the aviation sector.
Failure to comply with an AD can result in serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered a breach of civil aviation regulations, potentially leading to civil penalties. The maximum penalty for such breaches is substantial, with fines that can extend to $210,000 for corporations and $42,000 for individuals. Additionally, continued non-compliance can result in further legal actions, including potential prosecution and the possibility of criminal charges, which could lead to imprisonment. These stringent penalties underscore the importance of adhering to airworthiness directives to maintain the high safety standards expected in civil aviation.
In the specific case of the AD issued for the Pacific Aerospace Corporation 750XL aircraft, the AD DCA/750XL/2 from the New Zealand Civil Aviation Authority (NZ CAA) has been evaluated by CASA and subsequently transformed into the Australian AD/750XL/2. As New Zealand is the State of Design for this aircraft type, CASA’s issuance of the Australian AD/750XL/2 is a direct response to the AD issued by the NZ CAA. Given that this action is taken under the obligations of the Convention on International Civil Aviation, no public consultation was necessary. Furthermore, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement, streamlining the legislative process. The AD/750XL/2 will become effective on 7 July 2005, and its creation follows the statutory requirements outlined in subsection 84A(2) of the Act.